Limitation Period under Income Tax Act

Section 9A provides that fund management activity carried out by an eligible offshore investment fund through an eligible fund manager acting on behalf of such fund shall not constitute business connection in India (subject to certain conditions).

Within 90 days from the end of the financial year

The provision requires that eligible investment fund shall furnish a statement, in respect of its activities in a financial year, in the prescribed form containing information relating to fulfilment of specified conditions and such other information or documents as may be prescribed.

10(23C)

Making an order accepting/rejecting application made under first proviso for grant of exemption under sub-clause (iv)/(v)/(vi)/(via)

Within 12 months from end of month in which application was received

Making application under fourteenth proviso to section 10(23C) to designated authority by educational/medical institutions, etc., referred to in section 10(23C)(iv)/(v)/(vi)/(via)

On or before 30th September of relevant assessment year

10A(8)

Furnishing declaration by assessee in respect of industrial undertaking in any free trade zone for not availing tax holiday under section 10A

Before due date for furnishing return of income under section 139(1)

10B(8)

Furnishing declaration by assessee in respect of 100 per cent export-oriented undertaking for not availing tax holiday under section 10B

Before due date for furnishing return of income under section 139(1)

10C(6)

Furnishing declaration by assessee in respect of certain industrial undertakings in North Eastern Region for not availing tax holiday under section 10C

Before due date for furnishing return of income under section 139(1)

12A(1)(aa)

Filing application for registration of trust or institution for purposes of section 11

Application on or after 1-6-2007 shall be made in the prescribed form and in the prescribed manner and the provisions of section 11 and section 12 shall apply in relation to the income of such trust or institution from the assessment year immediately following the financial year in which such application is made.

12AA

Passing an order granting or refusing registration of trust

Within 6 months from the end of the month in which application u/s 12A(1)(aa) is received

35

Order accepting/rejecting application made under first proviso to section 35(1) for grant of approval under section 35(1)(ii)/(iii)

Within 12 months from end of month in which such application was received

44AB

Getting accounts audited by accountant and furnishing report

Due date for furnishing the return of income under section 139(1)

80QQB

Receiving or bringing into India in convertible foreign exchange, income by way of royalty or copyright fees, earned outside India

Within 6 months from end of previous year or such extended period as the Competent Authority may allow in this behalf

80RRB

Receiving or bringing into India in convertible foreign exchange, income by way of royalty on patents, earned outside India

Within 6 months from end of previous year or such extended period as the Competent Authority may allow in this behalf

92CA(3A)

Passing of order u/s 92CA(3) by Transfer Pricing Officer

At least sixty days before the period of limitation referred to in section 153 or section 153B, as the case may be, for making the order of assessment or reassessment or recomputation, or fresh assessment, expires.

Note:

If time available with TPO for making an order is less than sixty days, after excluding the time– for which assessment proceedings are stayed or

– taken for receipt of information from foreign jurisdiction,

then such remaining period shall be extended to 60 days. [Inserted by the Finance Act, 2016 w.e.f 1-6-2016]

92CD(1)

Submission of modified return in accordance with and limited to advance pricing agreement

Within 3 months from the end of the month in which advance price agreement was entered

92CD(5)(a)

Passing assessment/reassessment/recomputation order under section 92CD(3) in respect of modified return

Within 1 year from the end of the financial year in which modified return is furnished

92D

Furnishing information/documents required by revenue authorities

Within a period of 30 days from the date of receipt of a notice issued in this regard, and such period may be extended by a further period not exceeding 30 days

92E

Furnishing report of accountant

30th November of relevant assessment year

115BA

Option to opt for concessional tax rate of 25% by certain domestic companies

On or before due date of furnishing return of income under section 139(1)

115-O(3)

Deposit of tax on distributed profits of domestic companies

Within 14 days from date of declaration, distribution or payment of dividends whichever is earlier

115QA(3)

Deposit of tax to credit of Government in case of distributed income of domestic company for buy-back of shares

Within 14 days from date of payment of any consideration to the shareholder on buy-back of shares

115R(3)

Deposit of tax on distributed income of UTI/Mutual Fund

Within 14 days from the date of distribution or payment of income, whichever is earlier

Deposit of tax to credit of Government in case of income distributed by securitization trust

Within 14 days from date of distribution or payment of such income, whichever is earlier

115TA(3)1

Person responsible for making payment of income distributed by securitisation trust to furnish to prescribed income-tax authority, statement in prescribed form and verified in prescribed manner giving details of amount of income distributed to investors during the previous year, the tax paid thereon and other relevant prescribed details

On or before 15th September in each year

115TD

Payment of tax on accreted income of trust

Within 14 days from:

[Inserted by the Finance Act, 2016 w.e.f. 1-6-2016]

a) The date on which –– Period for filing appeal under Section 253 against order cancelling /rejecting registration expires and no appeal has been filed by trust;

– The order, confirming the cancellation of registrationor application, is received by trust;

b) The end of the previous year in a case

– where trust has modified its objects which do not conform to the conditions of registration, and

– it has not applied for fresh registration;

c) The date of merger of trust [ if its merger is with any entity other than an entity which is a trust or institution having objects similar to it and registered under Section 12AA]

d) The date on which the period of twelve months expires [ As specified under Section 115TD(1)(c) for transfer of assets on dissolution of trust]

115U(2)

Person responsible for making payment of income on behalf of venture capital company/fund and venture capital company/fund to furnish to person receiving such income and to prescribed income-tax authority, statement in prescribed form and verified in prescribed manner, giving details of nature of income paid or cerdited during the previous year and such other relevant details as may be prescribed

30th November of financial year following previous year during which such income is paid or credited

115UA

Any person responsible for making payment of income distributed on behalf of a business trust to a unit holder shall furnish a statement to the principal Commissioner of Income-tax or Commissioner of Income-tax in Form No. 64A, giving details of income distributed during the year.

On or before 30th November of financial year following the year following which such income is distributed

Any person responsible for making payment of income distributed on behalf of a business trust to a unit holder shall furnish a statement to this effect to the unit holder in Form No. 64B.

On or before 30th June of financial year following the year during which such income is distributed

115UB(7)

Person responsible for crediting or making payment of the income on behalf of an investment fund and the investment fund shall furnish, to the person who is liable to tax in respect of such income and to the prescribed income-tax authority, a statement in the prescribed form and verified in such manner, giving details of the nature of the income paid or credited during the previous year and such other relevant details, as may be prescribed.

Within such time as may be prescribed

115VP

Opting for Tonnage Tax System (TTS)

– Existing qualifying company

Between 1-10-2004 and 31-12-2004

– Company incorporated after 1-1-2005 and being a qualifying company

Within 3 months of incorporation

– Existing company which becomes a qualifying company after 1-1-2005

Within 3 months of it becoming a qualifying company

115VP(4)

Joint Commissioner passing order under sub-section (4) of section 115VP

Within one month from end of month in which application under section 115VP(1) was received

115WD(1)2

Filing return of fringe benefits

– by company/person whose accounts are to be audited

On or before 30th September of relevant assessment year

– by other employers

On or before 31st July of relevant assessment year

115WE(1)2

Sending intimation u/s 115WE(1)

Before expiry of 1 year from end of financial year in which return is made

115WE(2)2

Notice for scrutiny assessment

Before the expiry of 6 months from the end of financial year in which return is furnished

124(3)

Challenging Assessing Officer’s jurisdiction

Where a return is made under section 139(1), before expiry of 1 month from the date on which a notice under section 142(1) or 143(2) is served or before the completion of assessment, whichever is earlier

Where no return is made before the expiry of time allowed by notice under section 142(1) or under section 148 for making the return or under section 144for showing cause why best judgment assessment should not be made, whichever is earlier

Retaining books of account or other documents seized under section 132(1) or 132(1A) by authorised officer without approval of Chief Commissioner/Commissioner/Director General or Director/Principal Chief Commissioner/Principal Director General/Principal Commissioner/Principal Director

Not more than 180 days [30 days from the date of assessment order under section 153A or section 158BC(c)]

132(8A)

Period for which order passed under section 132(3) to remain in force

60 days from date of order

132(9A)

Handing over of books, etc., to ITO having jurisdiction

60 days from date on which last of authorisations for search was executed

132B(1)

Release of assets seized after recovery of existing liability

Within 120 days from date on which last of the authorisations/requisitions under section 132/132A was executed

132B(1), first proviso

Making application to Assessing Officer for release of asset explaining nature and source of acquisition of asset

Within 30 days from end of the month in which asset was seized

133A(3)

Retention by income-tax authority of impounded books of account, documents without approval of Chief Commissioner/Director General/Principal Chief Commissioner/Principal Director General

Not more than 15 days (exclusive of holidays)

139(1)

(a) Filing of return by any company other than covered in (c) below

September 30 of the assessment year

(b) Filing return of income by any non-corporate assessee other than covered in (c) below :

(i) in the case where accounts are to be audited or where accounts of the firm in which assessee is a working partner are required to be audited

September 30 of relevant assessment year

(ii) in the case of a co-operative society

September 30 of relevant assessment year

(iii) in other cases

July 31 of relevant assessment year

(c) Filing of return where an assessee (corporate/non-corporate) is required to furnish a report in Form No. 3CEB under section 92E

November 30 of the assessment year

139(3)

Filing of return of loss

Within the time allowed under section 139(1)

139(4)

Filing belated return of income

Before the end of the relevant assessment year or before completion of assessment, whichever is earlier.

139(4A)

Filing return by every person receiving income in respect of which he is assessable as a representative assessee from property held under trust/legal obligation wholly or partly for charitable or religious purposes, etc., if total income exceeds maximum amount not chargeable to tax

Within time allowed under section 139(1)

139(4B)

Filing of return by every political party by its chief executive officer

Within time allowed under section 139(1)

139(4C)

Filing of return by every:(a) Research association as referred to in section 10(21);

(f) Trade union/association referred to in sub-clause (a) or (b) of section 10(24),

(g) Body/trust/authority as referred to in section 10(46);

(h) Infrastructure debt fund as referred to in section 10(47)

(i) Mutual Fund as referred to in section 10(23D)

(j) Securitisation trust as referred to in section 10(23DA)

(k) Venture capital company or venture capital fund as referred to in section 10(23FB)

if total income without giving effect to the provisions of section 10 exceeds the maximum amount not chargeable to tax.

Within time allowed under section 139(1)

139(4D)

Filing return by every university, college or other institution referred to in section 35(1)(ii)and 35(1)(iii) which is not required to furnish return of income or loss under any other provisions

Within time allowed under section 139(1)

139(4E)

Every business trust, which is not required to furnish return of income or loss under any other provisions of section 139(1), shall furnish its return of income.

Within time allowed under section 139(1)

139(4F)4

An investment fund as referred to in section 115UB, which is not required to furnish return of income or loss under any other provisions of section 139(1), shall furnish its return of income.

Within time allowed under section 139(1)

139(5)

Filing revised return

Within 1 year from the end of the relevant assessment year or before the completion of assessment, whichever is earlier

139(9)

Rectifying defect in return of income

Within 15 days from date of intimation by Assessing Officer or extended time

139A

Filing application for allotment of permanent account number

See rule 114(3)

140A(1)

(i) Payment of income-tax on self-assessment

Before furnishing return of income

(ii) Payment of interest on tax due for filing belated return or default or delay in payment of advance tax

Before furnishing return of income

142(1)(i)

Where a person has not made a return of income before the end of the relevant assessment year, the Assessing Officer may serve a notice requiring him to furnish return of income.

After the end of relevant assessment year

Notice referred to above served after the end of the relevant assessment year commencing on or after 1st April, 1990 shall be deemed to be a notice served in accordance with the provisions of the Act.

142A(6)

Sending report by the Valuation Officer to the Assessing Officer

Within 6 months from the end of the month in which a reference is made by the Assessing Officer under section 142A(1)

143(1)

Sending intimation under section 143(1)

Before expiry of 1 year from end of financial year in which return is made

143(2)(ii)

Serving notice in case of understatement of income or under payment of tax for hearing for regular assessment/limited scrutiny assessment

Before expiry of 6 months from end of financial year in which return is furnished

144BA(2)

Furnishing objection by assessee to notice of invoking GAAR provisions by Principal Commissioner/Commissioner (applicable from 1-4-2018)

Within such period (but not exceeding 60 days) as specified in the notice

144BA(13)

Issuing direction by Approving Penal under section 144BA(6) in respect of the declaration of an agreement as an impermissible avoidance arrangement under Chapter X-A (applicable from 1-4-2018)

Within 6 months from the end of the month in which the reference under section 144BA(4) was received from the Principal Commissioner/Commissioner

144C(2)

Filing of response by eligible assessee by (a) acceptance of variations to Assessing Officer, or (b) filing his objections, if any, to such variation with the Dispute Resolution Panel and the Assessing Officer

Within 30 days of receipt by assessee of draft order

144C(4)

Passing of assessment order under section 144C(3)

Within one month from end of month in which acceptance is received or period of filing objections under section 144C(2) expires

144C(12)

Issue of directions under section 144C(5)

Within 9 months from end of month in which draft order is forwarded to eligible assessee

144C(13)

Completion of assessment on receipt of directions issued under section 144C(5)

Within one month from end of month in which such direction is received

147

Reassessment where assessment has been made under section 143(3) or 147

Within 4 years from end of relevant assessment year [unless escapement of income is because of assessee’s failure to file return under section 139 or in pur-suance of notice under section 142(1) or 148 or to disclose fully and truly all material facts or unless escapement of income is in relation to any asset located outside India]

149(1)

Issuing notice under section 148 in cases subjected to scrutiny by way of assessment under section 143(3) or 147 :

If the escaped income—

(i) is less than Rs. 1,00,000

Within 4 years from end of relevant assessment year

(ii) is Rs. 1,00,000 or more

Within 6 years from end of relevant assessment year

(iii) is in relation to any asset (including financial interest in any entity) located outside India

Within 16 years from end of relevant assessment year

149(3)

Issuing notice under section 148 to person who has been treated as agent of non-resident under section 163

Within 6 years from end of relevant assessment year

150

Issuing notice under section 148 for assessment/reassessment/recomputation pursuant to any finding or direction in an order passed :

No time limit

(i) by any authority in any proceeding under Income-tax Act in appeal/reference/revision

(ii) by a court in any proceeding under any other law

153(1)

Passing assessment order under section 143 or 144

Within 21 months from end of the assessment year in which income was first assessable. [Inserted by the Finance Act, 2016 w.e.f. 1-6-2016]

Note: If reference is made to TPO, the period available for assessment shall be extended by 12 months

153(2)

Making assessment/reassessment, etc., under section 147

Within 9 months from end of the financial year in which notice under section 148 was served. [Inserted by the Finance Act, 2016 w.e.f. 1-6-2016]

Note: If reference is made to TPO, the period available for reassessment shall be extended by 12 months.

153(3)

An order of fresh assessment in pursuance of order under section 254, 263 or 264 setting aside or cancelling assessment[Inserted by the Finance Act, 2016 w.e.f. 1-6-2016]

Within 9 months from end of the financial year in which order under section 254 is received by– Principal Chief Commissioner or

– Chief Commissioner or

– Principal Commissioner or

– Commissioner or,

– as the case may be an order under section 263/264 is passed by Principal Commissioner or Commissioner

Note: If reference is made to TPO, the period available for assessment shall be extended by 12 months.

153(5)

Giving effect to an order [under Section 250/254/260/262/263/264] by AO wholly or partly, otherwise than by making a fresh assessment or reassessment[Inserted by the Finance Act, 2016 w.e.f. 1-6-2016]

Within a period of 3 months from the end of the month in which order is received by– Principal Chief Commissioner or

– Chief Commissioner or

– Principal Commissioner or

– Commissioner,

– As the case may be the order under Section 263/264 is passed by the Principal Commissioner or Commissioner

153(6)

An order of assessment, reassessment or recomputation on assessee or any person in consequence of or to give effect to any finding or direction contained in– An order under Section 250/254/260/262/263/264 or

– An order of any court in a proceedings otherwise than by way of appeal or reference

[Inserted by the Finance Act, 2016 w.e.f. 1-6-2016]

Within 12 months from the end of the month in which such order is received or passed by the Principal Commissioner or Commissioner, as the case may be

153(6)

An order of assessment on a partner of the firm in consequence of an assessment made on the firm under Section 147.[Inserted by the Finance Act, 2016 w.e.f. 1-6-2016]

Within 12 months from the end of the month in which the assessment order in case of firm is passed.

153B

Passing assessment order under section 153A

Within a period of 21 months from end of the financial year in which the last of the authorizations for search/requisition under section 132/132A was executed.This period cannot be less than 9 months from the end of the financial year in which books of account, etc., are handed over under section 153C to the concerned Assessing Officer.

[Inserted by the Finance Act, 2016 w.e.f. 1-6-2016]

154

Rectifying any mistake apparent from record by income-tax authority referred to in section 116 to—

Within 4 years from end of financial year in which order sought to be amended is passed, or within 6 months from the end of the month in which the application is received by the income-tax authority, whichever is earlier

Amending assessment order of partner of firm or member of AOP/BOI for inclusion of correct share from firm/AOP/BOI

Within 4 years from end of financial year in which final order is passed in case of firm/AOP/BOI

155(1A)

Amending assessment order of partner for adjusting income from firm to the extent not deductible under section 40(b)

Within 4 years from end of financial year in which final order was passed in case of the firm

155(4)

Recomputing total income for succeeding year(s) in respect of loss or depreciation recomputed under section 147

Within 4 years from end of financial year in which order under section 147 is passed

155(4A)

Withdrawing investment allowance allowed under section 32A if—

(a) asset is sold/transferred within 8 years from end of previous year in which it was acquired

Within 4 years from end of previous year in which sale/transfer took place

(b) investment allowance reserve is not utilised for acquiring new asset within 10 years of end of previous year in which asset was acquired

Within 4 years from end of said 10 years

(c) reserve is misutilised before expiry of 10 years of end of previous year in which asset was acquired

Within 4 years from end of previous year in which amount is so misutilised

155(5A)

Withdrawing development allowance under section 33A if within 8 years land is sold or reserve is misutilised

Within 4 years from end of previous year in which sale took place or reserve is so misutilised

155(5B)

Recomputing total income where weighted deduction in respect of expenditure on scientific research under section 35(2B) is deemed to have been wrongly allowed

Within 4 years from end of previous year in which period allowed for completion of scientific research programme has expired

155(7)

Recomputing distributable income and additional tax liability under section 104

Within 4 years from end of financial year in which final order was passed

155(7B)

Recomputing deemed capital gains under section 47A

Within 4 years from end of previous year in which capital asset is converted into stock-in-trade or in which parent company/holding company ceases to have 100 per cent shareholding in subsidiary company

155(10A)

Amending order of assessment so as to exclude unadjusted amount of capital gain on long-term capital asset not chargeable under section 54E(1)

Within 4 years from end of financial year in which original assessment is made

155(11)

Amending order of assessment to exclude capital gain not chargeable under section 54H

Within 4 years from end of previous year in which compensation was received

155(11A)

Amending order of assessment so as to allow deduction under section 10A, 10B or 10BA in respect of income received in or brought into India

Within 4 years from end of previous year in which such income is received in, or brought into, India

155(12)

Amending order of assessment to allow deduction under section 80-O

Within 4 years from end of previous year in which income is received or brought into India ; however, the period from 1-4-1988 to 30-9-1991 shall be excluded

155(13)

Amending order of assessment so as to allow deduction u/s 80HHB, 80HHC, 80HHD,80HHE, 80-O, 80R, 80RR or 80RRA in respect of convertible foreign exchange earnings not brought into India initially but received or brought into India subsequently

Within 4 years from the end of the previous year in which such income is so received in, or brought into India

155(14)

Amending order of assessment/intimation under section 143(1) to give credit for tax deducted/collected not given earlier on ground that tax deduction/collection certificate was not filed with return

Relevant tax deduction/collection certificate should be produced before Assessing Officer within 2 years from the end of assessment year in which income is assessable.

155(15)

Amending order of assessment so as to compute capital gain by taking the full value of consideration to be the value adopted/assessed by stamp duty authorities (section 50C) as revised in appeal/revision/reference

Within 4 years from the end of the previous year in which the order revising the value was passed in that appeal/revision/reference

155(16)

Amending order of assessment so as to compute capital gain on compulsory acquisition, etc., by taking the full value of consideration to be the compensation/consideration as reduced by any court, tribunal or other authority

Within 4 years from the end of the previous year in which order reducing compensation was passed

155(17)

Amending order of assessment so as to withdraw deduction under section 80RRB allowed earlier where by a subsequent order of the Controller/High Court the patent is revoked or the name of the assessee is excluded from the patents register as patentee in respect of that patent

Within 4 years from the end of the previous year in which order of Controller/High Court was passed

158AA(1) (w.e.f. 01.06.2015)

Direction by Principal Commissioner or Commissioner to assessing officer to make an application to the ITAT if any question of law arising in the case of an assessee for any assessment year is identical with a question of law arising in his case for another assessment year which is pending before the Supreme Court.

Within 60 days from the date of receipt of order of the Commissioner (Appeals).

158AA(4) (w.e.f. 01.06.2015)

Direction by Principal Commissioner or Commissioner to Assessing officer to file an appeal to ITAT if order of CIT(A) is not in conformity with order of the Supreme Court which decided on the question of law in the other case in favour of revenue

Within 60 days from the date of communication of order of the Supreme Court

158BE(1)4

Passing order under section 158BC

Within 1 year from the end of the month in which the last of the authorisations for search u/s 132 or for requisition u/s 132A was executed where the search or requisition took place before 1-1-1997. In a case where the search or requisition takes place on or after 1-1-1997 the period allowed is 2 years from the end of the relevant month.

158BE(2)4

Completion of block assessment in the case of other person referred to in section 158BD

One year from the end of the month in which the notice under Chapter XIV-B was served on such other personwhere search or requisition takes place before 1-1-1997. In a case where the search or requisition takes place on or after 1-1-1997 the period allowed is 2 years from the end of the relevant month.

158BFA(3)4

Passing order imposing penalty under section 158BFA(2)

In a case where the assessment is the subject-matter of an appeal to the Commissioner (Appeals) under section 246 or section 246A or an appeal to the Appellate Tribunal under section 253, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from the end of the month in which the order of the Commissioner (Appeals) or, as the case may be, the Appellate Tribunal is received by the Principal Chief Commissioner/Principal Commissioner/Chief Commissioner or Commissioner, whichever period expires later.

In a case where the assessment is the subject-matter of revision under section 263, after the expiry of six months from the end of the month in which such order of revision is passed.

In any case other than those mentioned above, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from the end of the month in which action for imposition of penalty is initiated, whichever period expires later.

160(1), Explanation 1

Filing declaration by trustee(s) for converting ‘oral trust’ into ‘trust declared by a duly executed instrument in writing’

Within 3 months from date of declaration of ‘oral trust’

172(3)

Return of full amount paid or payable to non-resident owner or charterer of ship towards passenger fares, freight, etc., to be furnished by master of ship to Assessing Officer

Before departure of ship from any port in India, or within 30 days thereafter if permitted by Assessing Officer

Within 9 months from end of financial year in which return under section 172(3) is furnished (by 31-12-2008 where return is furnished before 1-4-2007)

172(7)

Submission of claim by owner or charterer of ship that assessment be made and tax payable by him be determined in accordance with other provisions of the Act

Before expiry of assessment year relevant to previous year in which ship has departed from Indian port

176(3)

Giving notice of discontinuance of business/profession to Assessing Officer

Within 15 days of discontinuance

178(1)

Giving notice of appointment as liquidator to Assessing Officer

Within 30 days of appointment

178(2)

Notifying liquidator as to amount of tax payable by company

Within 3 months from date on which Assessing Officer receives notice of appointment of liquidator

184

Filing certified copy of partnership deed

Along with return of income of the firm

192

Filing return of deduction of tax from contributions paid by the trustees of an approved superannuation fund

Within 2 months from end of financial year

194C(7)

Person responsible for paying/ crediting any sum to contractor during course of business of plying, hiring or leasing goods carriages to furnish prescribed particulars to prescribed income-tax authority

Within such time as may be prescribed

197A(2)

Delivering to Principal Chief Commissioner/Principal Commissioner/Chief Commissioner/Commissioner one copy of declaration required to be filed under section 197A(1) or 197A(1A) or 197A(1C)

On or before 7th of month next following month in which declaration is furnished

200(1)

Paying tax deducted at source under sections 192 to 196D

Within time limit as prescribed under rule 30

200(2A)

In case of an office of the Government, where TDS has been paid to the credit of the Central Government without the production of a challan, the Pay and Accounts Officer, etc., shall deliver or cause to be delivered to the prescribed income-tax authority, or to the person authorised by such authority, a statement in such form, verified in such manner, setting forth such particulars as may be prescribed.

Within such time as may be prescribed.

200(3)

Preparation and filing of prescribed statements of tax deducted for periods ending on June 30, September 30, December 31 and March 31

Where deductor is a person other than an office of Government : On or before 15th July, 15th October, 15th January of the financial year in respect of quarter ending 30th June, 30th September and 31st December and in respect of quarter ending 31st March, on or before 15th May of the financial year immediately following the financial year in which deduction is made

Where deductor is an office of Government : On or before 31st July, 31st October, 31st January of the financial year in respect of quarter ending 30th June, 30th September and 31st December and in respect of quarter ending 31st March, on or before 15th May of the financial year immediately following the financial year in which deduction is made

Within seven days from end of month in which deduction is made u/s 194-IA

200A

Intimation under section 200A(1)

Within one year from end of financial year in which statement is filed

201(3)

Order deeming a person to be an assessee in default for failure to deduct whole or any part of tax from a person resident in India

Within 7 years from the end of the financial year in which payment is made or credit is given, whether the statement is filed or not.

203

Issuance of certificate of tax deducted at source

Form No. 16 : By 31st May of the financial year immediately following the financial year in which income was paid and tax deducted.

Form No. 16A : On or before 30th July, 30th October, 30th January of the financial year in respect of quarters ending 30th June, 30th September & 31st December of the financial year. For quarter ending 31st March, on or before 30th May of the financial year immediately following the financial year in which deduction is made

Form No. 16B (Section 194-IA) : Within 15 days from the due date for furnishing challan cum statement in Form No. 26QB (i.e. within 7 days from the end of month in which deduction is made)

203A

Payer to apply to Assessing Officer for allotment of Tax Deduction and Collection Account Number

Within one month from the end of the month in which tax was deducted or collected, as the case may be

203AA

Issuance of TDS Certificate within the prescribed time after the end of the financial year beginning on or after 1-4-2008 by the prescribed income-tax authority or person authorised by such authority.

31st July following financial year during which taxes were deducted or paid (Form No. 26AS)

206(4)

Rectifying defect in return filed under section 206(2)

Within 15 days from the date of intimation of the defect by Assessing Officer or extended time

206A(1)

Furnishing of prescribed statement in respect of payment of interest to residents without TDS by banking company, co-operative society or public company referred to in proviso to section 194A(3)(i)

On or before 31st July, 31st October, 31st January and 30th June following res-pective quarter of financial year

206A(2)

Furnishing of prescribed statement by persons notified by Central Government

Within such time as may be prescribed.

206C(3)

Payment of tax collected from the respective buyers of specified goods under section 206C(1) to the credit of Central Government or as the Board directs

Within time limit as prescribed in rule

206C(3) (proviso)

Preparation and filing of prescribed statements of tax collected for periods ending on June 30, September 30, December 31 and March 31

On or before 15th July, 15th October, 15th January in res-pect of first three quarters of the financial year. In respect of quarter ending 31st March, on or before 15th May of the financial year immediately following the financial year in which collection is made (Form No. 27EQ)

206C(3A)

In case of an office of the Government, where TCS has been paid to the credit of the Central Government without the production of a challan, the Pay and Accounts Officer, etc., shall deliver or cause to be delivered to the prescribed income-tax authority, or to the person authorised by such authority, a statement in such form, verified in such manner, setting forth such particulars as may be prescribed.

Within such time as may be prescribed.

206C(5)

Person collecting tax under section 206C(1) from respective buyers to give them a certificate in Form 27D about the amount and rate of tax collected, etc.

On or before 30th July, 30th October, 30th January of the financial year in respect of the quarter ending 30th June, 30th September and 31st December of the financial year. For quarter ending 31st March, on or before 30th May of the financial year immediately following the financial year in which collection is made

206C(5) (2nd proviso)

Prescribed income-tax authority or person authorised by such authority to prepare and deliver to buyer/licensee/lessee, a statement in the prescribed form specifying amount of tax collected or paid after the end of each financial year beginning on or after 1-4-2008

31st July following the financial year during which taxes were collected or paid (Form No. 26AS)

206C(5D)

Rectifying defect in return filed

Within 15 days from the date of intimation of the defect by Assessing Officer or extended time

(a) In case of all the assessees (other than the eligible assessees as referred to in section 44AD):

(i) Up to 15 per cent

On or before 15th June

(ii) Up to 45 per cent

On or before 15th September

(iii) Up to 75 per cent

On or before 15th December

(iv) Up to 100 per cent

On or before 15th March

(b) In case of eligible assessee as referred to in Section 44AD:

Up to 100 per cent

On or before 15th March

Note: Any advance tax paid on or before 31st day of March shall also be treated as paid during the same financial year.

[Inserted by the Finance Act, 2016 w.e.f. 1-6-2016]

211(2)

Payment of the appropriate part or whole amount of advance tax as demanded under section 210(3) and (4) after the due dates of instalment

On or before each date specified in section 211(1) falling after date of service of demand notice

220(1)

Payment of amount other than advance tax in response to notice under section 156

Within 30 days of service of demand notice or within date extended on request or within shorter period, specified in revenue’s interest

239(2)(c)

Making claim for refund

Within 1 year from last day of relevant assessment year

239(2)(d)

Making claim for refund of fringe benefit tax

Within 1 year from the last day of the relevant assessment year

245C(1)

Application for settlement of case to Settlement Commission

At any stage during the pendency of a case before the Assessing Officer

245C(1E)

Application for settlement before Settlement Commission under sub-section (1) where books of account, documents, etc., have been seized

Not before 120 days of seizure

245D(1)

Rejecting/allowing the application for settlement

Within 7 days, notice shall be issued to the applicant to justify admission of his application; within 14 days from the receipt of application, the order pertaining to rejecting/allowing the application shall be made

245D(2B)

Calling report by the Settlement Commission from Principal Commissioner/Commissioner

Within 30 days from the date of receipt of application

245D(2B)

Submission of report by the Principal Commissioner/Commissioner to Settlement Commission

Within 30 days from the date of communication from the Settlement Commission

245D(2C)

Declaring application as invalid by the Settlement Commission

Within 15 days from the date of receipt of report from the Principal Commissioner/Commissioner

245D(3)

Furnishing a report by the Principal Commissioner/Commissioner to the Settlement Commission in the matters covered by the application

Within 90 days from the date of receipt of communication from the Settlement Commission

245D(4A)

Passing order of settlement

Within 18 months from the end of the month in which the application was made, if application is made on or after 1-6-2010

245D(6B)

Passing of order by the Settlement Commission to amend an order passed by it in order to rectify any mistake apparent from records.

a) Within 6 months from end of the month in which order was passed; orb) Within 6 months from end of the month in which an application for rectification has been made by the Principal Commissioner or the Commissioner or the applicant, as the case may be.

No application for rectification shall be made by the Principal Commissioner or the Commissioner or the applicant after the expiry of 6 months from the end of the month in which an order is passed by the Settlement Commission

245D(7)

Completion of proceedings where settlement becomes void as provided in section 245D(6)

Within 2 years from the end of the financial year in which the settlement becomes void

245E, proviso

Reopening of completed proceedings by Settlement Commission if an application is made before 1-6-2007

Reopening of proceeding is not possible where period between end of assessment year to which proceeding relates and the date of application for settlement under section 245C exceeds 9 years

245Q(3)

Withdrawing application for advance ruling

Within 30 days from date of application

245R(6)

Pronouncement of advance ruling by authority

Within 6 months of receipt of application

249(2)/(3)

Filing appeal to Commissioner (Appeals)—

(a) relating to tax deducted at source under section 195(1)

Within 30 days from date of payment of tax or within extended time

(b) relating to any assessment/ penalty

Within 30 days from date of service of demand notice or within extended time

(c) in any other case

Within 30 days from date of communication of order or within extended time

250(6A)

Disposal of appeal by Commissioner (Appeals)

One year from end of financial year in which appeal is filed (where it is possible)

253(3)/(5)

Filing appeal to Tribunal

Within 60 days from date on which order sought to be appealed against is communicated or within extended time [30 days in case of appeal against order u/s 158BC(c), in respect of search initiated u/s 132 or requisition made u/s 132A, after 30-6-1995, but before 1-1-1997]

253(3A)

Filing appeal by Principal Commissioner/Commissioner to Tribunal if he objects to any direction issued by Dispute Resolution Panel

Within 60 days of the date on which the order sought to be appealed against is passed by the Assessing Officer in pursuance of directions of the Dispute Resolution Panel

253(4)/(5)

Filing memo of cross-objections to Tribunal

Within 30 days of receipt of notice of filing appeal or within extended time

254(2)

Rectification of apparent mistake by Tribunal

Within 6 months from the end of the month in which the order was passed

[Inserted by the Finance Act, 2016 w.e.f. 1-6-2016]

254(2A)

Disposal of appeal by Appellate Tribunal filed under sub-section (1)/(2) of section 253

4 years from end of financial year in which appeal is filed (where it is possible).

Where an order of stay is made in proceedings relating to appeal filed under section 253(1), Tribunal shall dispose of appeal within 180 days from date of such order or within extended time not exceeding 365 days including original period of 180 days, failing which stay order shall stand vacated; this will be so even if delay in disposing of the appeal is not attributable to assessee.

Within 2 years from end of financial year in which order sought to be revised was passed

263(3)

Revision by Principal Commissioner/Commissioner of orders passed pursuant to any finding or direction by Tribunal, National Tax Tribunal, High Court or Supreme Court

No time limit

264(2)

Revision of orders by Principal Commissioner/Commissioner on his own motion (not prejudicial to assessee)

Within 1 year of order sought to be revised

264(3)

Filing revision petition to Principal Commissioner/Commissioner (order not to be prejudicial to assessee)

Within 1 year from date of communication of order sought to be revised or date of his knowledge in respect thereof or within extended time

264(6)

Passing order on revision application made by assessee on or after 1-10-1998

Within 1 year from the end of the financial year in which application is made

275

Imposing penalties under Chapter XXI :

(a) in a case where appeal is filed to Commissioner (Appeals)/Tribunal

Before the expiry of financial year in which proceedings which give rise to penalty proceedings are completed, or within 6 months from end of month in which the order of Commissioner (Appeals)/Tribunal is received by the Principal Chief Commissioner/Principal Commissioner/Chief Commissioner/Commissioner, whichever period expires later.

However, where order is in appeal before Commissioner (Appeals) who passes appellate order on or after 1-6-2003, order imposing penalty shall be passed before expiry of financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated, are completed, or within one year from the end of the financial year in which the order of the Commissioner (Appeals) is received by the Principal Chief Commissioner/Principal Commissioner/Chief Commissioner/Commissioner, whichever is later.

(b) in a case where relevant assessment or other order is subject- matter of revision under section 263 (or section 264)

Within 6 months from the end of month in which revision order is passed

(c) in any other case

Before expiry of financial year in which proceedings (in course of which action for imposition of penalty has been initiated) are completed, or within 6 months from end of month in which penal action is initiated, whichever is later

275(1A)

Imposing/enhancing/reducing/cancelling penalty or dropping penalty proceedings on the basis of revised assessment after giving effect to appellate/court/revision order in a case where relevant order is subject matter of appeal to Commissioner (Appeals)/Tribunal/High Court/Supreme Court or revision and an order imposing or enhancing or reducing or cancelling penalty or dropping proceedings for imposition of penalty is passed before the order of the Commissioner (Appeals)/Tribunal/High Court/Supreme Court is received by the Principal Chief Commissioner/Chief Commissioner/Principal Commissioner/Commissioner or order of revision is passed

Within 6 months from end of the month in which order of Commissioner (Appeals)/Tribunal/ High Court/Supreme Court is received by the Principal Chief Commissioner/Principal Commissioner/Chief Commissioner/Commissioner or order of revision is passed

281B(2)

Provisional attachment of assets of assessee

Attachment shall cease to have effect after expiry of six months (extendable upto 2 years or 60 days after date of order of assessment or reassessment, whichever is later) from date of order

An order revoking the provisional attachment of property on furnishing of Bank Guarantee.(subject to conditions)

[Inserted by the Finance Act, 2016 w.e.f. 1-6-2016]

– Within 45 days from the date of receipt of the bank guarantee, where a reference to the Valuation Officer has been made or– Within 15 days from the date of receipt of bank guarantee in any other case.

281B(7)

Invoking Bank Guarantee by AO if the assessee fails to renew the guarantee or fails to furnish a new Guarantee[Inserted by the Finance Act, 2016 w.e.f. 1-6-2016]

15 days before the expiry of the Guarantee.

285

Preparation and delivery of statement in prescribed form containing prescribed particulars by non-resident having liaison office in India set up in accordance with guidelines issued by RBI under FEMA, 1999

Within 60 days from end of the financial year

285A

Section 285A provides for reporting by an Indian concern if following two conditions are satisfied:a) Shares or interest in a foreign company or entity derive substantial value, directly or indirectly, from assets located in India; and

b) Such foreign company or entity holds such assets in India through or in such Indian concern.

In this case, the Indian entity shall furnish information relating to the off-shore transaction having the effect of directly or indirectly modifying its ownership structure or control, to the prescribed income-tax authority in such manner, as may be prescribed.

Within such time as may be prescribed.

285B

Furnishing of statement by film producers

Within 30 days from end of financial year or within 30 days from date of completion of film, whichever is earlier

285BA6

Filing of Annual Information Return

On or before 31st August immediately following financial year in which transaction is registered or recorded

Within 1 month (or such extended time as may be allowed on application) from date of intimation of defect

285BA(5)6

Furnishing of return under section 285BA in response to notice from prescribed income-tax authority by person who has failed to furnish return within time

Within period not exceeding 60 days from date of service of notice.

Rule 18 of Appellate Tribunal Rules

Filing of paper book

At least a day before the date of hearing of the appeal along with the proof of service of a copy of the same on the other side at least a week before

Schedule II Part I, Rule 3

Execution of certificate drawn up

Not before 15 days after date of service of notice under rule 2

Schedule II Part I, Rule 14

Filing of application by officer holding the sale relating to recovery from defaulting purchasers

Within 15 days from date of resale

Schedule II Part II, Rule 25(5)

Attachment of growing crop which does not admit of being stored

Not less than 20 days before it is likely to be fit to be cut or gathered

Schedule II Part II, Rule 40

Sale of movable property (other than property, subject to speedy and natural decay and property in relation to which expense of keeping it in custody is likely to exceed its value)

Not before 15 days from date on which copy of sale proclamation was affixed in TRO’s office

Schedule II Part III, Rule 55

Sale of immovable property without written consent of defaulter

Not until expiry of 30 days from date on which proclamation of sale has been affixed on the property or in the office of the TRO, whichever is later

Schedule II Part III, Rule 57

Payment of full amount of purchase money on sale of immovable property

Within 15 days from date of sale

Schedule II Part III, Rule 60

Application to set aside sale of immovable property on deposit of specified sum

Within 30 days from date of sale

Schedule II Part III, Rule 61

Application to set aside sale of immovable property on ground of non-service of notice or irregularity

Within 30 days from date of sale

Schedule II Part III, Rule 62

Application for setting aside sale on ground that defaulter had no saleable interest

Within 30 days from date of sale

Schedule II Part III, Rule 68B

Sale of immovable property

Within 4 years from end of financial year in which order giving rise to demand, etc., has become conclusive.

In case of re-sale, period shall be extended by one year.

Schedule IV Part A, Rule 13

Appeal by employer against order of Principal Chief Commissioner/ Principal Commissioner/Chief Commissioner or Commissioner refusing to recognise or withdrawing recognition from a provident fund

Within 60 days of such order

Schedule IV Part B, Rule 8

Appeal by employer against order of Principal Chief Commissioner/ Principal Commissioner/Chief Commissioner or Commissioner refusing to approve or withdrawing approval granted to a superannuation fund

Within 60 days of such order

Schedule IV Part C, Rule 8

Appeal by employer against order of Principal Chief Commissioner/ Principal Commissioner/Chief Commissioner or Commissioner refusing to approve or withdrawing approval granted to a gratuity fund

Within 60 days of such order

1. Omitted with effect from assessment year 2015-16.

2. Fringe Benefit Tax is not leviable from assessment year 2010-11.

3. With effect from assessment year 2016-17, university, educational institutes or hospitals as referred to in section 10(23C)(iiiab) and (iiiac) shall also file return of income if its total income before exemption under Section 10 exceeds the maximum amount which is not chargeable to tax.

4. Provisions of Chapter XIV-B shall not apply where search is initiated, etc., after 31-5-2003.

5. High Court can admit an appeal after the expiry of the said period of one hundred and twenty days if it is satisfied that there was sufficient cause for not filing the appeal within the said period.

6. With effect from assessment year 2015-16 a new section 285BA has been substituted which provides for the furnishing of statement of financial transaction or reportable account within such time and in the form and manner, as may be prescribed.

The time prescribed for rectifying a defect in the return filed as required by the prescribed income-tax authority is 30 days from such intimation or such extended time as may be allowed.

Where a person who is required to furnish a statement under the new section has not furnished it, the prescribed income-tax authority may serve upon the person a notice requiring him to furnish the statement within 30 days from the date of service of the notice. Any inaccuracy in the statement so furnished has to be informed to the income-tax authority within 10 days and the correct information furnished in the prescribed manner.

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